New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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TOM HENDERSON, ET AL. v. CITY OF CHATTANOOGA
Court:TCA
Attorneys:
Phillip A. Noblett and Lawrence W. Kelly, Chattanooga, Tennessee, for
the Appellant City of Chattanooga.
Bryan H. Hoss, Chattanooga, Tennessee, for the Appellants Justin B.
McCommon and Fraternal Order of Police, Rock City Lodge No. 22.
W. Gerald Tidwell, Jr., Chattanooga, Tennessee, for the Appellants
Southern States Police Benevolent Association, Inc., Martin R. Penny,
Christopher Smith, Mark A. Smeltzer and David Allen. Alfred H. Knight
and Alan D. Johnson, Nashville, Tennessee, for the Appellees Tom
Henderson, Steve Hunsicker, and Freedom Broadcasting of Tennessee,
Inc., d/b/a/ WTVC News Channel 9.
Douglas R. Pierce and D. Wes Sullenger, Nashville, Tennessee, for the
Appellee Tennessee Association of Broadcasters.
Richard L. Hollow, Knoxville, Tennessee, for the Appellee Tennessee
Press Association.
Anthony A. Jackson and Bruce C. Bailey, Chattanooga, Tennessee, for
the Appellee Chattanooga Publishing Company.
Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, and Janet M. Kleinfelter, Senior Counsel,
Nashville, Tennessee, for the Appellee State of Tennessee.
Judge: SWINEY
First Paragraph:
Five police officers employed by the Chattanooga Police Department
were involved in a physical altercation with Torris Harris ("Harris")
which ended with Harris' death. Harris allegedly had ties to the
local Crips gang. Pursuant to the Public Records Act, a local news
station requested photographs of these five officers as well as a
sixth officer who had prepared the official police report. After the
request was denied by the City of Chattanooga, the news station filed
a petition seeking to compel production of the photographs. After a
trial, the Trial Court concluded the photographs were "public records"
and the undercover officer exemption found in the Public Records Act
did not apply to these officers. The Trial Court also held that
disclosing the photographs would not place the officers or their
families at substantial risk of harm and, therefore, would not violate
the officers' constitutional right to privacy. After ordering
production of the photographs, the Trial Court refused to award
attorney fees incurred by the successful petitioners. We affirm.
http://www.tba.org/tba_files/TCA/hendnt.wpd

STATE OF TENNESSEE v. CHARLES WAYNE SAWYER
Court:TCCA
Attorneys:
Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant
Attorney General; Mike McCowen, District Attorney General; and Weakley
E. Barnard, Assistant District Attorney General, for the appellant,
State of Tennessee.
Michael E. Gilmer, Columbia, Tennessee, for the appellee, Charles
Wayne Sawyer.
Judge: SMITH
First Paragraph:
A Marshall County grand jury indicted the defendant, Charles Wayne
Sawyer, for aggravated sexual battery. The defendant filed a motion
to suppress a statement that he allegedly made to the police without
first being advised of his rights under Miranda. He made the alleged
statement in response to a police officer's reading of the affidavit
of complaint supporting his arrest warrant. The trial court, after
conducting an evidentiary hearing, granted the defendant's motion to
suppress his statement, finding that the reading of the affidavit was
the functional equivalent of interrogation and therefore should have
been prefaced by an admonishment of the defendant's constitutional
rights. The state, with the trial court's permission, filed an
interlocutory appeal, and pursuant to the state's Rule 9 application,
this Court agreed to review the state's appeal. After reviewing the
evidentiary hearing and other materials presented to this Court, we
find that the trial court properly suppressed the defendant's
statement and therefore affirm the judgment below.
http://www.tba.org/tba_files/TCCA/sawyercharles.wpd

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